In England, landlords can use a Section 8 Notice to evict a tenant.

What is a Section 8 Notice?

A Section 8 Notice, also referred to as a Section 8 Possession Notice, is used by landlords to terminate an Assured Periodic Tenancy.

When can I use a Section 8 Eviction Notice?

Landlords can use Section 8 notices when a tenant has breached the Tenancy Agreement and the breach satisfies one of the grounds for eviction. This notice can also be used for non-breach grounds (e.g., the landlord selling the property).

The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.

What is the difference between mandatory and discretionary grounds for eviction?

If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective, and the possession order is granted at the court's discretion.

What does a Section 8 Possession Notice include?

A Section 8 Notice includes the following information:

• The tenant's name
• The landlord's name, address, and phone number
• The earliest date the landlord can apply to court to regain possession
• The latest date your landlord can apply to court to regain possession
• The full legal wording of the statutory grounds that the tenant violated, and an explanation of how the ground applies to the tenant
• Reference to Section 8 of the Housing Act 1988

In Wales, landlords can use a Possession Notice to seek possession of a property occupied under an Occupation Contract.

What is a Possession Notice?

Since December 2022, Wales has operated under the Renting Homes (Wales) Act 2016, which abolished Section 8 and 21 notices.

Instead, landlords must serve the appropriate Possession Notice depending on the circumstances and the type of Occupation Contract. The notice informs the tenant (i.e., contract-holder) that the landlord intends to seek possession of the property.

When can I use a Possession Notice?

Landlords can serve a Possession Notice for a variety of reasons, including:

• The contract-holder has breached the occupation contract (for example, by failing to pay rent or engaging in anti-social behaviour)
• Serious rent arrears
• Breaches of contract terms
• Estate management grounds
• The landlord relying on a no-fault possession ground, where permitted by law

The notice requirements, notice periods, and grounds for possession vary depending on the reason for seeking possession and the type of occupation contract.

Serving a Possession Notice does not automatically end the occupation contract. If the contract-holder does not leave the property by the expiry of the notice period, the landlord will generally need to apply to the court for a possession order before possession can be recovered.

What is the difference between mandatory and discretionary grounds for possession?

Some possession grounds are mandatory, meaning that if the landlord proves the ground applies, the court must grant a possession order.

Other grounds are discretionary, meaning the court will consider all the circumstances of the case and decide whether it is reasonable to grant possession.

What does a Possession Notice include?

A Possession Notice typically includes the following information:

• The contract-holder's name
• The landlord's name and contact details
• The address of the property
• The ground or grounds relied upon for possession
• An explanation of why the ground applies
• The date after which court proceedings for possession may begin
• Information about the contract-holder's rights and the possession process
• Reference to the relevant provisions of the Renting Homes (Wales) Act 2016

In Ireland, a Notice to Quit is used to evict a tenant.

What is a Notice to Quit?

A Notice to Quit is a written eviction notice that a landlord or tenant can use to end a residential tenancy.

When can I use a Notice to Quit?

A Notice to Quit can be used to end a fixed or periodic tenancy when:

• A tenant breaches the Tenancy Agreement within a fixed or periodic term (e.g. tenant has failed to pay rent).
• A landlord or tenant wishes to end a periodic tenancy.

How do I deliver a Notice to Quit letter?

You must serve the Notice to Quit within the appropriate notice period, which will depend on how long the tenant has lived in the property or the stated notice period in the Tenancy Agreement.

The notice form should be delivered in person, by mail, or electronically. You can ensure the notice was received by using recorded delivery, asking a third party to witness the delivery, or requesting a response from the tenant once they've received the letter.

Both parties should have a written copy of the notice for their records.

What is included in a Notice to Quit?

A Notice to Quit should include the following information:

• Landlord and tenant contact information
• Address of the premises
• How the tenant breached the agreement, citing the breach
• Last day of the tenancy
• Instructions regarding security deposit, property inspection, or key drop off

In Scotland, a Notice to Quit form is used to evict a tenant or end a tenancy. Scottish landlords must also issue a Section 33 Notice to end a tenancy, or a Form AT6 when the tenant has breached the agreement before the term is over.

What is a Section 33 Notice?

When a landlord wishes to end a Short Assured Tenancy, they must provide their tenant with a Section 33 Notice and a Notice to Quit.

A Section 33 Notice states that the landlord wants to repossess the property and provides a date of repossession.

Unless otherwise stated in the Tenancy Agreement, the minimum notice period for a Section 33 Notice is two months. If you do not issue the notices before the fixed term expires, the tenancy will automatically continue in what is known as tacit relocation.

What is a Form AT6 (Notice of Proceedings)?

If the tenant has breached the Tenancy Agreement under one of the grounds for eviction, the landlord must give them a Form AT6, also called a Section 19 Notice or Notice of Proceedings, and a Notice to Quit.

The Form AT6 states the grounds for eviction and the landlord's intention to start legal proceedings to gain possession of the property. You can serve the Form AT6 and Notice to Quit forms together or separately. The length of notice depends on the grounds for eviction and length of tenancy.